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Court Order - Wheaton, Larry_10/19/2010STATE OF INDIANA COUN'I'Y OF GIBSON � ) ) SS: ) IN TI� MATTER OF THE UNSUPERVISED ADMINISTItATION OF THE ESI'ATE OF LARRY EUGENE Wi-IEATON , DECEASED � IN Ti-� GIBSON CIRCUIT COURT 2010 TERM CAUSE NO. 26C01-1010-EM- D��I s :�~ �. �,., ,�;, OCT 14 2010 cd.�.c4�,�..�- ,a�ipuit court Comes now Kari Wheaton, having filed her verified Petition for the Probate of DecedenYs Will Without Administration, which petition is on file with the Court and a part of its record. Further, there is now produced in open Court and submitted to the Court an instrument in writing purporting to be the Last Will and Testament of Larry Eugene Brown. Said Will was a Self—Proved Will executed in all respects according to law wi[h proper acknowledgment and verification thereof, such instrument, and petition are now submitted to the Court and the Court having examined the same, having heard evidence and being duly advised now finds that: That such decedent died on or about January 4, 2014, and at the time of such death was domiciled in Canyon, Idaho. 2. That such written instrument purporting to be such decedeot's Last Will and Testament was duly executed in all respects according to law, has been duly proved, is the Last Will and Testament of such decedent, and is entided to be admitted to probate in such Counry and that such will, written testimony, and Perition are on file with the Court. IT IS TI-IEREFORE ORDERED, ADJiJDGED, AND DECREED by the Court that the written instrument purporting to be the Last Will and Testament of Larry Eugene VJheaton be and it is hereby admitted to pmbate and spread record as such. All of which is ordered this � day of October, 2010. �'c.� � ' 7'"---_ JEFFREY F. MEADE, JUDGE GIBSON CIRCUIT COURT RINGERT � CLARK :HARTERED LA W YERS 55 Souih Thtrd Stree� P.O. Box 2773 Bolse. Ick'lho 83701 ;� �� LAST WZLL AND TESTAMENT OF LARRY WHEATON I, LARRY WHEATON, a resident of Canyon County, State of Idaho, being of sound and disposing mind and memory, and intending to dispose of all of my property, real and personal, owned by me at my death, do hereby make, publish and declare this to be my Last Will and Testament, and do hereby revoke all former Wills and codicils to wills made by me. ARTICLE I Declarations. 1.1 I hereby declare that I am married. My wife's name is IKARI WHEATON. I presently reside at 8571 Bennett Road, Nampa, idaho 83686. 1.2 I have been married previously, and have three (3) children who are now living as a result of my prior marriage. Their names and dates of birth are as follows: SCOTT ROBERT WHEATON, born November 9, 1967; DEBORAH LYNN FANTASKI, born December 24, 1968; and JEFFREY STEVEN WHEATON, born January 13, 1972. I have two (2) children as a result of my marriage to KARI WiIEATON. Their names and dates of birth are as follows: JENNIFER ANN WHEATON, born June 26, 1990; and ANDREW JAY WHEATON, born July 19, 1991. 1.3 During my lifetime, I have acquired both community and separate property, and by this document I intend to dispose of both. 1 RINGERT � CLARK �HARTERED LAWYERS 55 Sanh Third S�reet P.O. BOC 2773 BoLSe. Idaho 8370I u lJ ARTZCLE II Definitions and Directions. 2.1 Unless the contrary be clearly expressed or shown by context, the following definitions and directions shall apply throughout this instrument. 2.2 "Descendants" shall mean all those persons who are in a direct line of descent from a particular person named or referred to, and lawfully related to that person by consanguinity or adoption. 2.3 "Wife" shall mean my present wife, KARI WHEATON. 2.4 The term "executor" or a pronoun in lieu of it shall mean KARI WHEATON. 2.5 The term "trustee" or a pronoun in lieu of it shall mean James G. Reid, Boise, Ada County, Zdaho. ARTICLE IIZ Administration. 3.1 I hereby appoint KARI WHEATON as independent executor of this my Last Will and Testament. In the event KARI WHEATON declines or otherwise fails to serve as executor, I hereby appoint James G. Reid as independent executor of this my Last Will and Testament. 3.2 I direct that no bond or other security shall be required of my executor. 3.3 In addition to such other debts and costs which my executor is required to pay, I authorize my executor to pay costs �f ancillary administration, expenses of my last illness and ►a . . II • i �INGERT � CLARK :HARTERED LAWYERS >s s«,m n,trd s�ree� P.O. Box 2773 30iSe. ItlahO 8370I Ifuneral, and, at the discretion of my executor, to pay the cost of la suitable monument at my grave. 3.4 My executor is hereby authorized to claim as a deduction for all income tax purposes any items of administration expense which are deductible alternatively for any estate tax purposes, and if my executor elects to do so, no adjustment shall be made between principal and income. 3.5 Zf my executor in good faith decides that there is uncertainty as to the inclusions of particular property in my gross estate for federal estate tax purposes, it shall exclude such property from my gross estate in the estate tax return. My executor shall not be personally liable for any loss to my estate, or to any beneficiary or beneficiaries resulting from my executor's decision made in good faith that there is uncertainty as to the inclusion of that particular property in my gross estate. 3.6 My executor is hereby authorized to do any and all things which in my executor's opinion are necessary to complete the administration and settlement of my estate, including full right, power and authority, without the order of any court, and upon terms and under such conditions as my executor shall deem best for the proper settlement of my estate, to bargain, to sell at private or public sale, convey, transfer, deed, mortgage, lease, exchange, pledge and manage and deal with any and all property belonging to my estate, to compromise, settle, adjust, release and discharge any and all obligations or claims in favor 3 RINGERT � CLARK �HARTERED LA W YERS 55 Sauh Tliird S�reet P.O. Bor 2773 BO(Se. Idaho 83701 � � of or against my estate, and to borrow money for the purposes of inheritance and estate taxes, or for any other purpose. Without in any way limiting the scope or powers enumerated herein of my executor, I hereby specifically give to my executor full power to retain any and all securities or property owned by me at the time of my death whenever, in my executor's absolute and uncontrolled discretion, such a course shall deem to my executor to be best, without liability for depreciation or loss and free from investment restrictions incident to trusteeship or executorship, whether imposed by common law or statute. In the execution of said duties and powers, my executor shall have the power to comply with all legal requirements as to the execution and delivery of deeds and all other writings, documents or formalities without the order of any court. If and when my executor shall ever be in doubt as to the proper construction and interpretation of this Will, or to its operation or effect in any manner, or to what property shall be comprehended within any of the terms hereof, or as to any other questions that may arise during the administration of my estate, my executor is authorized to resolve all such doubts and questions in such manner as my executor shall deem equitable and proper, without the necessity of resorting to a court for construction or instructions, and all decisions so made by my executor shall be binding and conclusive on all parties ever interested hereunder. 4 EZINGERT � CLARK :HARTERED LAWYERS i5 Sowh Thlrtl S�ree� P.O. Box 2773 Boise. iclaho 837o i II '• `• ARTICLE IV Disoosition. 4.1 On my death and in the event my wife survives me and Ilives for a period of thirty (30) days from the time of my death, I give, devise and bequeath to my wife, KARI WHEATON, all of my Iproperty, both real and personal, whether the same be community or �separate 4.2 Should my wife, KARI WHEATON, predecease me or fail to Isurvive me by thirty (30) days after my death, I hereby give, devise and bequeath my property as follows: (a) Because I have previously made provisions for Scott Robert Wheaton, Deborah Lynn Fantaski and Jeffrey Steven Wheaton, Iseparate and apart from this will, by virtue of a life insurance Ipolicy which is not part of my estate, I leave them nothing under this will. All the rest, residue and remainder of my estate I hereby give, devise and bequeath to Jennifer Ann Wheaton and Andrew Jay Wheaton, in equal shares, per stirpes. If Jennifer Ann Wheaton or Andrew Jay Wheaton should predecease me and leave surviving children of their own, the surviving children shall take their deceased parent's share by right of representation. 4.3 Zf any property of my estate vests outright under the provisions of this Will in a person who is under the age of twenty-one (21) years, then and in that event, I give, devise and bequeath such person's share of my estate to the trustee named in Article 5 of this Will in trust, to be administered as follows: 5 .. ii • : RINGERT •CLARK CHARTERED LAWYERS t55 South 77iird Suee� P.O. Box 2773 BOLSC. I(4'lh0 83 i0I (a) Until such time as the beneficiary as described in Article IV above reaches the age of twenty-one (21) years, the trustee shall pay to or apply to the benefit of such beneficiary as much of the annual net income of the trust estate as the trustee, in the trustee's absolute discretion, deems necessary to adequately provide for such beneficiary's health, education, support, or maintenance, after taking into consideration, to the extent the trustee deems advisable, any other income or resources of said beneficiary known to the trustee. If the trustee deems such income payments to be insufficient, the trustee shall, from time to time, pay to or apply for the benefit of such beneficiary, such sums out of the principal of the trust estate as the trustee, in the trustee's absolute discretion, deems necessary to adequately provide for such beneficiary's health, education, support or maintenance. Any net income not distributed by the end of each year shall be accumulated and added to the principal of the trust estate. (b) The principal of the trust estate shall be distributed to the beneficiary, free of trust, as follows: at such time as the beneficiary attains the age of twenty-one (21) years. (c) Whenever provision is made in this article for payment for the "education" of a beneficiary, the term education shall be construed to include public and private pre-school, elementary, intermediate and high school, and 0 � II • i EZINGERT � CLARK �HARTERED LAWYERS Si Sou�h Third Sreet P.O. BOr 2773 BoiSC. Id�iho 8370I trade schools, college and post-graduate study. Determining the amount of payments to be made for trade schools, college or post-graduate education, the trustee shall take into consideration not only cost of books, supplies and tuition, but also the beneficiary's related living expenses as to the extent they are reasonable. (d) No interest in the principal or income of any trust created under this Will shall be anticipated, assigned or encumbered, or subject to any creditor's claim or legal process prior to its actual receipt by the beneficiary. ARTICLE V Trust Administration. 5.1 I hereby appoint James G. Reid, of Boise, Ada County, IIdaho, as trustee for any trust that may be established under this IWill. No bond shall be required of James G. Reid or of any corporate trustee named as successor trustee or appointed as a successor trustee. Any successor trustee shall have and exercise the same power and authority in all respects, discretionary or otherwise, as given the original trustee named herein, subject to assumption by each successor of the duties, restrictions, and limitations imposed by this Will on the original trustee. To carry out the purposes of any trust created under this Will, and subject to any limitations stated elsewhere in this Will, the trustee is vested with the following powers with respect 7 RINGERT • CLARK �HARTERED LAWYERS �55 Sowh Third Siree� P.O. Box 2773 BoLSe. ItklhO 83701 � i to each of the trusts established under this Will, and any Iproperty in such trusts, in addition to those powers now or Ihereafter conferred by law: (a) The trustee shall have the power to invest and reinvest all or any part of any trust estate as the trustee, in the trustee's absolute discretion, may select; provided, however, that the trustee may not invest or re-invest any part of a trustee estate in investments not specified in Idaho Code §67-1210 and Idaho Code §67-1210(a), which sections provide the limitations upon investments by the Treasurer of the State of Zdaho. (b) The trustee is expressly authorized to continue to hold lany property that the trustee receives or acquires under these Itrusts as long as the trustee deems advisable. (c) The trustee shall have all rights, powers, and privileges of an owner of the securities held in trust, including, but not by way of limitation, the power to vote, give proxies, and pay assessments; to participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers, liquidations, sales and leases, and incident to such participation to deposit securities with transfer title to any protective or other committee on such terms as the trustee may deem advisable; and to exercise or sell stock subscription or conversion rights. (d) The trustee is expressly authorized to continue to hold and operate, to sell, or to liquidate, at the risk of a trust, any kiusiness partnership interest, or capital stock of any 0 �INGERT �CLARK ;HARTERED LAWYERS i5 Sowh Thirtl Sveei P.O. Box 27i3 3oise. I(kiho 8370I ,� � corporation, that the trustee receives or acquires under this Will as the trustee deems advisable. (e) The trustee shall have the power to manage, control, qrant options on, sell (for cash or on deferred payments), convey, exchange, partition, divide, improve, and repair trust property. (f) The trustee shall have the pawer to lease trust property for terms within or beyond the term of the trust and for any purpose, including exploration for and removal of gas, oil and other minerals; and to enter into community oil leases, pooling and unitization agreements. (g) The trustee shall have the power to borrow money, and to encumber or hypothecate trust property by mortgage, deed of trust, pledge, or otherwise. (h) The trustee shall have the power to commence, defend, compromise or otherwise adjust such litigation with respect to a trust or any property of a trust as the trustee may deem advisable, and employ counsel for the purpose of representing the trustee in connection with the litiqation. Should any expenses, legal or otherwise, be incurred in connection with litigation brought by a beneficiary hereunder, those expenses shall be deemed a direct charge against the particular beneficiary's interest in the trust of which he is a beneficiary. (i) Except as otherwise specifically provided in this Will, the determination of all matters with respect to what is principal and income of each trust and the apportionment and allocation of receipts and expenses between these accounts shall be governed by E �INGERT P CLARK :HARTERED LAWYERS ss s«,�n Tr,ira s�ree� P.O. Box 2773 BoLSe. Itldho 83701 � � Ithe provisions of the Idaho Principal and Income Law from time to time existing. Any such matter not provided for either in this IWill or in the Principal and Income Law shall be determined by the �trustee in the trustee's discretion. (j) The trustee is authorized to employ any custodian, investment adviser, attorney, accountant, or any other agents to assist the trustee in the administration of these trusts. Reasonable compensation for all services performed by these agents shall be paid from the trust for which the services are performed out of either income or principal as the trustee in the trustee's discretion shall determine, and shall not decrease the compensation to which the trustee is entitled. (k) Zn any case in which the trustee is required, pursuant to the provisions of this Will, to divide any trust property into parts or shares for the purpose of distribution, or otherwise, the trustee is authorized, and shall have the power to divide and/or distribute the trust property and any trust hereby created in kind or in cash, or partly in kind and partly in cash, and in the trustee's discretion, to allocate particular assets or portions thereof or undivided interests therein to any one or more of the beneficiaries thereof taking into account the income tax basis of assets to be distributed to the extent the trustee, in the trustee's discretion, shall deem it to be for the best interests of the beneficiaries of any trust hereby created. The decision of said trustee shall be final and binding upon all parties in interest, subject to the approval of a court of competent 10 .. ii , ; RINGERT �CLARK �HARTERED LAWYERS 55 SoWh rhird sireet P.O. Bo:c 2773 BO"ISC. IdahO 83701 Ijurisdiction if such approval is required by applicable law. (1) The trustee in the trustee's discretion may make Ipayments to a minor or other beneficiary under disability by making payments to the guardian of his person, or to any suitable person with whom he resides, or the trustee may apply payments directly for the beneficiary's benefit. The trustee in the trustee's discretion may make payments directly to a minor if in the trustee's judgment he is of sufficient age and maturity to use the money properly. (m) There need be no physical segregation or division of the properties comprising the trust estate of the various trusts established under this Will, except as segregation or division may be required by other provisions of this Will or by the termination of any of the trusts, but the trustee shall keep separate accounts for the different, undivided interests. ARTICLE VI Guardian. 6.1 If my spouse fails to survive me, Z appoint as guardians of the person and conservators of the property.not held in trust of each child of mine who is under a legal disability, Robert Goold and Petrea Goold of Pocatello, Zdaho. If either of them fails to qualify or ceases to act, the other shall act as sole guardian and conservator. ARTICLE VII Survival. 7.1 For all purposes of this Will, a devisee or beneficiary 11 :- � ii • : �INGERT � CLARK ;HARTERED LA�VYERS is South Third Street P.O. Box 2773 Boise. IdahO 83701 shall not be deemed to have survived me if that devisee or beneficiary dies within thirty (30) days of my death. ARTZCLE VIII Gender. 8.1 As used in this Will, the masculine, feminine or neuter Igender, in the singular or plural number, shall each be deemed to include the others whenever the context so indicates. ARTZCLE IX Last Illness. 9.1 I specifically direct that my executor reimburse any persons for their legitimate out-of-pocket expenditures incurred by them as a result of my last illness. In this regard, I leave my executor the sole discretion as to whether or not expenses submitted to him by persons named hereinabove are in fact escpenses incurred as a result of my last illness. IN WITNESS WHEREOF, I have hereunto set my hand to this, my Last Will and Testament, consisting of fourteen (14) pages, at Boise, Ada County, Zdaho, this (`/ day of l�`�r}ti° c/{ 19�. � ' � / i " c`-/ l�.�.-t</ � /A��tl/j``Yi L$rr heaton, Test tor 12 . . .. . ii ; : RINGERT � CLARK �HARTERED LAWYERS 55 South ThiM Streei P.Q. k3ox 2773 Boise. Ick'tho 83701 The foregoing instrument, consisting of fourteen (14) pages, including the following pages, was, at the date hereof, by the said Larry wheaton, signed and sealed, and by him published, acknowledged and declared to be his Last Will and Testament, in our presence and in the presence of each of us; and we, at the same time, at his request and in his presence and in the presence of each other, have hereunto subscribed our names and residences as attesting witn�sses thereto, this �q � day of �1�'l_�11ti1% � � t.,(!�� u�v�-C7�' Y- residing at�152 �-Q(�(Z�(,0 witness ( —� I �/� ;•. .� �.( ; 7� u/�Q,c�c_� residing at �c�S� , � f ) STATE OF IDAHO County of Ada ) ) ss. ) we Larry eaton, ��t.�+OIU11 �l.�/'l�'FZ-OC� and �r I��l l. in�,a �P✓ , t e testator and witnesses respecti ely, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator, signed the Will as witness and that to, the best of their knowledge, the testator was at the time an adult of sound mind and under no 13 constraint or undue influence. �y ,>Sii�� ��i/ �j �v� L rr heaton, Testator . � ti:��... .r_. . � ,�.P�.��f. �\. V�l��l o �� nZ� BSS �� � . . RINGERT eCLARK CHARTERED LAWYERS .55 Sourh Tliird S�reet P.O. BOX 2773 BOiSC. ICklhO 83701 � ISTATE OF IDAHO ) ) ss. County of Ada ) � Subscribed, sworn to and acknowledged before me by Larry wheaton, the testator, and subsc ibe a .sworn to before r�e by witnesses, this �_ day of , 199G .,, 14 Not�(ry Public for :[daho Rea�iding at Boise, Idaho My Commission Expires: t4i8'